CRIMES LEGISLATION AMENDMENT (PEOPLE SMUGGLING, FIREARMS TRAFFICKING AND OTHER MEASURES) ACT 2002 NO. 141, 2002 - SCHEDULE 3 - Other measures

CRIMES LEGISLATION AMENDMENT (PEOPLE SMUGGLING, FIREARMS TRAFFICKING AND OTHER MEASURES) ACT 2002 NO. 141, 2002 - SCHEDULE 3

Crimes Act 1914

1 Section 16G

Repeal the section.

2 Section 19AG

Repeal the section.

3 Subsection 19AR(6)

Omit "19AG,".

Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990

4 Part 1 of Schedule 3 (after table item dealing with Fenetylline)

Insert:

Criminal Code Act 1995

5 The Schedule (paragraph 131.7(1)(b) of the Criminal Code)

Omit "or its proceeds", substitute ", its proceeds or value".

6 The Schedule (subsection 135.2(1) of the Criminal Code)

Repeal the subsection, substitute:

(1)

A person is guilty of an offence if:

(a)

the person obtains a financial advantage for himself or herself from another person, knowing or believing that he or she is not eligible to receive that financial advantage; and

(b)

the other person is a Commonwealth entity.

Penalty: Imprisonment for 12 months.

(1A)

Absolute liability applies to the paragraph (1)(b) element of the offence.

7 The Schedule (subsection 135.2(2) of the Criminal Code)

Repeal the subsection, substitute:

(2)

A person is guilty of an offence if:

(a)

the person obtains a financial advantage for another person from a third person, knowing or believing that the other person is not eligible to receive that financial advantage; and

(b)

the third person is a Commonwealth entity.

Penalty: Imprisonment for 12 months.

(2A)

Absolute liability applies to the paragraph (2)(b) element of the offence.

8 The Schedule (after subsection 136.1(1) of the Criminal Code)

Insert:

(1A)

Absolute liability applies to each of the subparagraph (1)(d)(i),

(ii)

and (iii) elements of the offence.

9 The Schedule (after subsection 136.1(4) of the Criminal Code)

Insert:

(4A)

Absolute liability applies to each of the subparagraph (4)(d)(i),

(ii)

and (iii) elements of the offence.

10 The Schedule (after subsection 137.1(1) of the Criminal Code)

Insert:

(1A)

Absolute liability applies to each of the subparagraph (1)(c)(i),

(ii)

and (iii) elements of the offence.

11 The Schedule (subparagraph 145.2(3)(a)(i) of the Criminal Code)

Before "cause", insert "dishonestly".

12 The Schedule (after subsection 147.1(1A) of the Criminal Code)

Insert:

(1B)

If:

(a)

a person is charged with an offence against subsection (1); and

(b)

the public official concerned is a Commonwealth judicial officer or a Commonwealth law enforcement officer;

a court of summary jurisdiction may, with the consent of the defendant and the prosecutor and if the court is satisfied that it is proper to do so, determine the charge summarily.

(1C)

If a court of summary jurisdiction convicts a person of an offence against subsection (1) in accordance with subsection (1B), the penalty that the court may impose is a sentence of imprisonment not exceeding 2 years or a fine not exceeding 120 penalty units, or both.

13 The Schedule (paragraphs 148.1(2)(a) and (b) of the Criminal Code)

Repeal the paragraphs, substitute:

(a)

the person falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and

(b)

the person does so in the course of doing an act, or attending a place, in the assumed capacity of such an official.

14 The Schedule (subsection 148.1(2A) of the Criminal Code)

Repeal the subsection, substitute:

(2A)

For the purposes of subsection (2), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.

15 The Schedule (subparagraph 148.1(3)(a)(ii) of the Criminal Code)

Repeal the subparagraph, substitute:

(ii)

falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and

16 The Schedule (subsection 148.1(3A) of the Criminal Code)

Repeal the subsection, substitute:

(3A)

For the purposes of subparagraph (3)(a)(ii), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.

17 The Schedule (paragraphs 148.2(2)(a) and (b) of the Criminal Code)

Repeal the paragraphs, substitute:

(a)

the official falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and

(b)

the official does so in the course of doing an act, or attending a place, in the assumed capacity of such an official.

18 The Schedule (subsection 148.2(2A) of the Criminal Code)

Repeal the subsection, substitute:

(2A)

For the purposes of subsection (2), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.

19 The Schedule (subparagraph 148.2(3)(a)(ii) of the Criminal Code)

Repeal the subparagraph, substitute:

(ii)

falsely represents himself or herself to be a Commonwealth public official in a particular capacity; and

20 The Schedule (subsection 148.2(3A) of the Criminal Code)

Repeal the subsection, substitute:

(3A)

For the purposes of subparagraph (3)(a)(ii), it is immaterial whether that capacity as a Commonwealth public official exists or is fictitious.

Financial Transaction Reports Act 1988

21 Subsection 3(1) (subparagraph (k)(ib) of the definition of cash dealer)

After "commercial instruments", insert ", or making electronic funds transfers,".

22 Subsection 3(1) (after paragraph (k) of the definition of cash dealer)

Insert:

(l)

a person (other than a financial institution or a real estate agent acting in the ordinary course of real estate business) who carries on a business in Australia of:

(i)

on behalf of other persons, arranging for funds to be made available outside Australia to those persons or others; or

(ii)

on behalf of persons outside Australia, making funds available, or arranging for funds to be made available, in Australia to those persons or others;

23 Section 17

Omit "sections 81 and 82 of the Proceeds of Crime Act 1987 ", substitute "Division 400 of the Criminal Code ".

International Transfer of Prisoners Act 1997

24 Subsection 4(1)

Insert: